The relationship between the police and the prosecutors in Japan has been shifted from hierarchy theory to" Due Process of Law". The police devote themselves mainly to crime investigation and the prosecutors primarily carry out the duty of prosecution. Although there are some problems upon Japanese practice of criminal procedure that ignores human rights protection.Yet the thesis concerning a reasonable pro - police relationship would figure out the very beginning of the promotion in criminal justice system. In our country, we also put emphasis on the legal procedure on the part of the human rights protection under the Constitutional principle. In order to reset policy of the structure and the relationship between the police and the prosecutors in the criminal justice system, there must be more effective means to establish the rule of law. And we should also follow the procedure according to the truth and the fairness of justice.